The Spanish government has initiated steps to bring the Community of Madrid before the Constitutional Court concerning a contentious land law reform approved by the regional government led by Isabel Díaz Ayuso.

This reform, enacted last summer by the People's Party (PP), relaxes existing regulations around land use, including the obligatory replacement of felled trees and the construction of various facilities such as golf courses, gas stations, and crematoria.

Additionally, it eases restrictions on building affordable housing on land designated for social equipment within supramunicipal networks.

As reported in the regional official bulletin, both parties have agreed to enter into negotiations lasting approximately six months, aiming for a resolution before the potential court ruling.

If agreement is not reached, the matter will be submitted to the Constitutional Court.

The reform's implications are significant.

The second article alters the regional land law, modifying urban planning provisions and enabling the construction of public housing on 'vacant lands' in operational networks.

These lands are currently utilized for the Plan Vive, an initiative promoting rental housing proposed by the Ayuso government.

Moreover, the fifth article amends the Law on Fiscal and Administrative Measures, granting the area’s Councilor the authority to decide which projects will not require an environmental review, potentially impacting protected areas.

The seventh article modifies the 2002 Environmental Assessment Law, allowing for simultaneous processing of strategic environmental assessments for plans and individual project evaluations, extending the validity of the assessments from two to five years.

While there have been past agreements between the two governments, such as those reached in June 2024 concerning the budget law, the negotiations regarding the current land law reform may face challenges given their contentious history.

Previous negotiations have resulted in conflict, including outcomes where the State challenged laws related to the protection and rights of transgender and intersex individuals, leading to rapid amendments by the Ayuso government under pressure from judicial scrutiny.

The Constitutional Court is already a central battleground for disputes between the two administrations, including pending judgments on the previous omnibus law that altered checks and balances affecting institutions like the Court of Auditors and the Transparency Council.

Ayuso’s government has signaled intentions to contest state housing laws and other legislation, which have been subsequently upheld in various forms by the court.

The array of legal challenges reflects broader tensions within Madrid’s political landscape, with multiple opposition parties, including the PSOE and Más Madrid, filing numerous appeals and challenges against Ayuso’s government, alleging procedural irregularities and violations of legislative protocols.

These actions indicate a complex legal environment surrounding regional governance and the potential implications for future policy-making in Madrid.